Area
lawyers head for Iraq duty
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Moscati, a federal drug prosecutor, and State, Buffalo's senior deputy corporation counsel, are officers in the Army National Guard's Judge Advocate General Corps. They recently were activated and soon will be leaving for a year of service in Iraq. Moscati, 44, a lieutenant colonel, will become the JAG's top legal adviser to the 42nd Infantry Division (Mechanized) in Iraq. State, 41, a captain, will assist Moscati. "I don't think we'll be prosecuting the prisoner abuse cases that are already under way, because those proceedings have lawyers assigned to them," Moscati said. "But one of our important jobs in Iraq will be training soldiers in the law of war and the treatment of prisoners. When you talk about issues like this, an ounce of prevention is worth a pound of cure." The two attorneys took care of details in their downtown offices. Today, they are scheduled to travel to Fort Drum in Watertown for three months of training. Shortly after that, they will leave for Iraq. A good portion of their Fort Drum training will focus on security issues - brushing up on their basic soldiering skills and learning ways to stay safe in a land of suicide attacks and roadside bombers. Moscati and State said they both were well aware of the dangers. Last November, two JAG senior staff members were killed when the helicopter transporting them crashed near Saddam Hussein's hometown of Tikrit. The two attorneys maintain that they are not afraid of serving in Iraq, but both worry about the effect on their families. Moscati and his wife, Barbara, have two sons, Derek, 19, and Justin, 18, and a daughter, Alexandra, 16. "I'm going to miss them," Moscati said. "I know they're all concerned and worried, but they haven't said much to me about it. They probably don't want to worry me." State and his wife, Karen, have two daughters, Lauren, 3, and Lily, 7 months. Saying goodbye will be painful, State said. "Lauren keeps saying, "Daddy, I'm going with you,' " State said. "I find that I don't know what to say when she says that. I just have to change the subject. "I've recorded 10 hours of myself reading books to the girls, so they can listen to me when I'm away." For 15 years, Moscati has prosecuted drug dealers and others, including police officers, for the U.S. attorney's office. For 12 years, State has handled a wide array of complex legal duties, from lawsuits to financial problems, in the city Law Department. Moscati said their Buffalo jobs may seem simple once they begin dealing with all the legal questions facing the military in a rebuilding Iraq. Moscati will serve as the staff judge advocate for his division. "I'll be advising our commanding general on all kinds of legal questions," Moscati said. "What happens if the bad guys are shooting at our soldiers from a mosque or a school? Can we shoot back? How can we help the Iraqis set up their courts? What happens when the Army damages or destroys someone's property over there? "We're also involved with disciplinary proceedings against soldiers, including courts-martial, and we help soldiers with their own legal questions." Moscati and State have been closely following reports on the abuse of Iraqi prisoners by some American soldiers, and both have been angered and upset by what they've heard. "It's horrible. It's disturbing, and it's put a blight on our military," Moscati said. "Good training can prevent this. Soldiers need to know, if they get an illegal order, it's their duty not to follow the order, and furthermore, it's their duty to report it to someone." From: http://www.buffalonews.com/editorial/20040524/1013584.asp
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